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OST Docket Filings for March 31, 2006
Updated:
| Applications and Renewals:
Amira Air - Foreign Air Carrier Permit (Austria-US) Answers and Replies: AirTran - Motion for Confidential Treatment Amira Air - Motion for Confidential Treatment / Warsaw Agreement Compass Airlines - Warsaw Agreement DCA Slots - Motion for Leave to File and Reply of US Airways ExpressJet Airlines - Motions for Confidential Treatment LaGuardia Slots - Supplemental Certification of US Airways Express Carriers Mesa Airlines - Family Assistance Plan Notices of Action Taken: American Eagle - Dallas/Ft. Worth-Guadalajara Renewal Amerijet - Ft. Lauderdale-Cancun/Guadalajara/Mexico City/Merida Renewal Continental - New York/Newark- Acapulco, Puerto Vallarta and San Jose del Cabo Renewals Ethiopian Airlines - Addis Ababa-US Renewals Shuttle America - US-Bahamas Notices and Orders: None |
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OST-2005-20896 - Form 41 Confidential Treatment March 30, 2006 Motion for Confidential Treatment AirTran hereby requests that information contained in AirTran's Form 41 filing, Schedule B-43, Inventory of Air frames/Aircraft Engines, for the year ended December 31, 2005, be accorded confidential treatment and be withheld from public disclosure pursuant to Rule 12. AirTran requests confidential treatment of information contained in its Schedule B-43, Columns 10 (Acquired Cost or Capitalized Value), 11 (Allowance for Depreciation or Amortization), 12 (Depreciated Cost or Amortized Value) and 13 (Estimated Residual Value). AirTran has deleted the aforementioned information from Schedule B-43 which is filed annually. Counsel: Wiley Rein, Edward Faberman, 202-719-7420 OST-2004-17128 - Exemption - Dallas/Ft. Worth-Guadalajara Filed January 3, 2006 | Issued March 31, 2006 Scheduled foreign air transportation of persons, property, and mail between Dallas/Ft. Worth, Texas, and Guadalajara, Mexico. In the present application, American Eagle references a pending application for corresponding certificate authority in Docket OST-2005-22261, and urges the Department to expedite approval of that application to avoid the need for successive renewals in this docket. We will handle the certificate request separately. By: Paul Gretch OST-1998-3383 - Ft. Lauderdale-Cancun/Guadalajara/Mexico City/Merida Filed January 23, 2006 | Issued March 31, 2006 Scheduled foreign air transportation of property and mail between the terminal point Ft. Lauderdale, Florida, on the one hand, and the coterminal points Cancun, Guadalajara, Merida, and Mexico City, Mexico, on the other hand. The carrier states that it seeks this authority to permit Amerijet to serve the terminal point Ft. Lauderdale, Florida, in addition to or as an alternate to Miami, Florida, wherever it is currently authorized to serve Miami as a terminal point in providing scheduled foreign air transportation of freight and mail. In the present application, Amerijet references a pending application for corresponding certificate authority in Docket OST-2001-10068. We will handle the certificate request separately. By: Paul Gretch
OST-2006-24355 - Foreign Air Carrier Permit - Austria-US March 31, 2006 Application for an Exemption and a Foreign Air Carrier Permit - Bookmarked Amira Air is a Vienna-based executive jet air transportation provider that was founded in 2004. There are currently three Bombardier jet aircraft in Amira Air's fleet: one Challenger 604, one Challenger 300 and one Learjet 60. Amira Air plans to add a second Learjet 60 and a Global Express to its fleet in the coming weeks, and plans to operate a second Challenger 300 by the end of the year. Amira Air GmbH hereby applies for an exemption and a foreign air carrier permit authorizing Amira to provide the following service using small aircraft:
Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, sisrael@hhlaw.com
OST-2006-24355 - Foreign Air Carrier Permit - Austria-US March 31, 2006 Motion for Confidential Treatment Amira Air hereby moves to withhold from public disclosure the contents of Exhibit D of its Application for an Exemption and a Foreign Air Carrier Permit. Exhibit D consists of the Company's financial statements, including balance sheets and profit and loss accounts, as of December 31, 2004. Under Austrian law, Amira Air is not required to publicly disclose these financial statements, and the Company therefore would not customarily release this information. Disclosure of this information would cause substantial competitive harm to Amira Air in that its competitors, customers and other third-parties would gain access to sensitive financial and business information about the Company, thereby placing it at a competitive disadvantage. Moreover, the Department's disclosure of this type of confidential financial information would undoubtedly impair the ability of the Department to obtain such information in the future. Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, sisrael@hhlaw.com
OST-1995-236 - Warsaw Agreements March 31, 2006 Counsel: Hogan & Hartson, Jonathan Echmalian OST-1995-236 - Warsaw Agreements March 30, 2006 Counsel: Compass OST-2000-7448 - New York/Newark- Acapulco, Puerto Vallarta and San Jose del Cabo Filed January 19, 2006 | Issued March 31, 2006 Scheduled foreign air transportation of persons, property, and mail between New York/ Newark, on the one hand, and Acapulco, Puerto Vallarta, and San Jose del Cabo, Mexico, on the other hand. Continental states that it will continue to provide seasonal service in these markets. In the present application, Continental references its pending application to amend Continental’s Route 561 certificate authority to add New York/Newark-Acapulco/Puerto Vallarta/San Jose del Cabo. See Docket OST-2002-11894. We will handle the certificate request separately. By: Paul Gretch OST-1998-3726 - Exemption - Addis Ababa, Ethiopia-Washington, D.C. Filed March 8, 2006 | Issued March 31, 2006 Renew exemption from 49 U.S.C. § 41301 to conduct foreign air transportation of persons, property, and mail between Addis Ababa, Ethiopia, and the coterminal points Washington, DC, Newark and/or JFK, via a non-traffic stop in Rome. The applicant requests that the authority be granted for five years, or for the maximum duration permitted by the Department for carriers from Open Skies countries. By: Paul Gretch OST-1996-1222 - Confidential Treatment, Form 41
March 27, 2006 Motion for Confidential Treatment - Schedule B-7 ExpressJet moves, pursuant to Rule 12 of the Department’s Rules of Practice, that Schedule B-7 of its Form 41 report for the quarter ended December 31, 2005, be accorded confidential treatment and be withheld from public disclosure. Schedule B-7, filed quarterly, contains confidential data in columns 9- 11 labeled “Cost,” “Amortized Depreciated Cost” and “Realization.” The information which is the subject of this motion details ExpressJet’s acquisition and depreciation costs for its airframe and engine purchases. This information is clearly financial or commercial in nature, obtained from a person outside the government and confidential. Counsel: ExpressJet, Scott Peterson, 713-324-5018
March 27, 2006 Motion for Confidential Treatment - Schedule B-43 ExpressJet moves, pursuant to Rule 12 of the Department’s Rules of Practice, that Schedule B-43 of its Form 41 report for the year ended December 31, 2005, be accorded confidential treatment and be withheld from public disclosure. Schedule B-43, filed annually, contains confidential data in columns 10-13 labeled “Acquired Cost or Capitalized Value,” “Allowance for Depreciation of Amortization,” “Depreciated Costs or Amortized Values” and “Estimated Residual Values.” The information which is the subject of this motion details ExpressJet's acquisition and depreciation costs for its airframe and engine purchases. This information is clearly financial or commercial in nature, obtained from a person outside the government and confidential. Counsel: ExpressJet, Scott Peterson, 713-324-5018 OST-1996-1960 - Family Assistance Plans March 24, 2006 By: Mesa, Ernie Gust New York LaGuardia Airport Slot Exemptions March 31, 2006 Supplemental Certification of US Airways Express Carriers The following AIR-21 slots are requested to be re-designated for use by the specified carrier in the markets indicated effective on the date specified:
Counsel: US Airways, Howard Kass, 703-872-5230, howard_kass@usairways.com Ronald Reagan National Airport Slot Exemptions March 31, 2006 Motion for Leave to File and Reply of US Airways First, Comair asserts that the highly seasonal nature of the Savannah market is linked to US Airways’ running seasonal-only service to/from DCA. Instead of hiding behind clichéd labels, Comair should engage in more reasoned and informed analysis. Such analysis demonstrates a basic fundamental fact: US Airways offers seasonal service that comports with demand as a result of the well-documented seasonality of the entire Savannah air service market. Generally speaking, passenger demand makes a market seasonal, not the level of airline service. Given that seasonality has played a large role in the return of slots in recent years, this is a factor of which the Department should remain cognizant in making its slot exemption award. Moreover, despite claims that US Airways’ service is sporadic, it is actually quite consistent; with peak season service offered for the past four years. Second, Comair suggests that US Airways is engaged in some type of gamesmanship by re-starting Savannah service after Comair filed an application. Comair should not be so presumptuous that a mere notice of an application by it moves other carriers. Simply put, US Airways does not make competitive decisions based on the fact that Comair prematurely applied for a new route before the Department issued an instituting order – much less awarded the slot exemptions to it. Rather, US Airways re-introduced service in the DCA-SAV market as it historically has done during the peak-traffic season for Savannah. Comair also seems to believe that the Department should consider Comair’s early filing of an application in its decision process. The date of Comair’s application is irrelevant to the decision process, and the application date is not a criterion under the applicable statute. Counsel: US Airways, Howard Kass, 703-872-5230, howard_kass@usairways.com OST-2006-24218 - Exemption - US-Bahamas Filed March 15, 2006 | Issued March 31, 2006 Scheduled foreign air transportation of persons, property, and mail between points in the United States and points in the Bahamas, and authority to integrate this authority with its existing certificate and exemption authority. Shuttle America requests this authority to operate the service using large jet aircraft under code-share fee for service arrangements with one or more major U.S. air carriers. By: Paul Gretch |
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